Gisella Tanisha, Andang Wirawan Setiabudi

STUDI KOMPARATIF PENERAPAN PRINSIP KEWAJARAN DAN KELAZIMAN USAHA PADA TRANSAKSI AFILIASI JASA MANAJEMEN SEBELUM DAN SESUDAH BERLAKUNYA PMK NOMOR 172 TAHUN 2023

Introduction

Studi komparatif penerapan prinsip kewajaran dan kelaziman usaha pada transaksi afiliasi jasa manajemen sebelum dan sesudah berlakunya pmk nomor 172 tahun 2023. Analisis komparatif prinsip kewajaran (ALP) pada transaksi afiliasi jasa manajemen sebelum & sesudah PMK 172/2023. Pahami dampaknya pada kepatuhan pajak & transfer pricing.

Abstract

The Indonesian government released the latest regulation regarding the arm's length principle in transactions affected by special relationships, namely Peraturan Menteri Keuangan No. 172 (PMK-172), effective December 29, 2023. As a multinational company with related party transactions, PT XYZ must adjust to PMK-172 for the tax year after its enactment. Therefore, the author conducts a comparative analysis of the application of the arm’s length principle before and after the enactment of PMK-172 to help PT XYZ ensure its tax compliance. This study aims to determine the suitability of arm’s length principle application by PT XYZ for the tax year before the enactment of PMK-172, to compare the application of arm's length principle before and after the enactment of PMK-172, and to identify potential problems after the enactment of PMK-172. The data collection methods used are interviews and documentation, and the data analysis method used is data and method triangulation. The results of the study concluded that the comparison of the application of the arm’s length principle before and after the enactment of PMK-172 show several differences, including the legal basis, the stages of implementing the arm’s length principle, the preliminary stages, and the corresponding adjustment. Furthermore, it is concluded that the problems that are likely to arise after the enactment of PMK-172 are problems in the documentation of the preliminary stage, differences in interpretation of regulations, an increase in tax disputes, and preference for the selection of transfer pricing methods that emphasize the hierarchical method.

Review

This paper addresses a highly pertinent and timely topic concerning the implementation of the arm's length principle (ALP) in Indonesia, specifically focusing on the recent enactment of Peraturan Menteri Keuangan No. 172 (PMK-172) concerning related-party transactions. The research undertakes a comparative analysis of ALP application, particularly for management services, both before and after this significant regulatory change. By centering on the case of PT XYZ, a multinational company navigating these adjustments, the study provides a practical lens into the challenges and requirements for tax compliance in the evolving Indonesian transfer pricing landscape, underscoring the immediate relevance of its findings for affected businesses and tax practitioners. The methodology employed in this study combines interviews and documentation for data collection, with data and method triangulation for analysis, aiming to determine the suitability of pre-PMK-172 ALP application, compare its application post-enactment, and identify potential issues. The findings robustly demonstrate several key differences in ALP application, encompassing the underlying legal basis, the sequential stages of implementation, the preliminary documentation requirements, and the handling of corresponding adjustments. Crucially, the research identifies prospective problems for businesses post-PMK-172, including challenges in preliminary stage documentation, risks of differing regulatory interpretations, a potential increase in tax disputes, and a reinforced preference for hierarchical transfer pricing methods. Overall, the paper offers a valuable contribution by providing a clear and direct comparison of the regulatory environment surrounding the arm's length principle in Indonesia. Its focus on practical implications for a specific company like PT XYZ makes the findings particularly accessible and actionable for other entities facing similar compliance hurdles. While the abstract does not elaborate on the specific policy recommendations or the generalizability beyond PT XYZ, the identification of concrete problem areas provides a strong foundation for future research and policy discussions aimed at mitigating these identified risks. This study serves as an important resource for understanding the immediate operational impact of PMK-172 and highlights critical considerations for ensuring tax compliance in affiliated management service transactions.

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